This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

37059

Vol. 63, No. 131

Thursday, July 9, 1998

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 34

RIN 3150–AE07

Licenses for Industrial Radiography

and Radiation Safety Requirements for

Industrial Radiographic Operations;

Clarifying Amendments and

Corrections

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule: Clarifying and

corrective amendments.

SUMMARY: The Nuclear Regulatory

Commission is amending its regulations

to clarify several ambiguities and to

make corrections to the recently revised

regulations governing licenses for

industrial radiography and radiation

safety requirements for industrial

radiographic operations. This final rule

is necessary to clarify the text to resolve

these ambiguities and to make changes

to correct some of the compliance dates

specified in the revised rule. This

rulemaking will clarify the

Commission’s intent regarding the

implementation date for certain

requirements. In particular, the final

rule specified several dates, intended to

be one year or two years after the

effective date of the rule. The date

published in the May 28, 1997, Federal

Register inadvertently used the May 28

publication date, rather than the June 27

effective date. Therefore, this final rule

specifies June 27, 1998, or June 27,

1999, as the correct effective date for

implementation of those specific

provisions.

EFFECTIVE DATE: July 9, 1998.

FOR FURTHER INFORMATION CONTACT:

Donald O. Nellis, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6257, (e-mail address

don@nrc.gov).

SUPPLEMENTARY INFORMATION:

On May 28, 1997 (62 FR 28948), the

NRC published a final rule with an

effective date of June 27, 1997 that

revised 10 CFR Part 34, which applies

to industrial radiography and its related

safety requirements. Major changes in

this revision included:

(1) A requirement for two qualified

individuals to be present whenever

radiography is performed at a location

other than a permanent radiographic

installation, one of whom must be a

qualified radiographer and the other

must be at least a qualified

radiographers’ assistant;

(2) A requirement for mandatory

certification of radiographers;

(3) Specification of the qualifications

and duties of the Radiation Safety

Officer;

(4) Additional training requirements

for radiographers’ assistants; and

(5) Clarification of the definition of a

permanent radiographic installation.

After its publication, the NRC was

notified by numerous radiography

licensees that certain ambiguities and

minor errors existed in the May 28,

1997, final rule. This action corrects

errors in the Supplementary Information

and codified text of the May 28,1997,

final rule and clarifies several

provisions of the regulation to remove

ambiguities.

1. In Supplementary Information,

under Section II, Response to Public

Comments on the Proposed Rule and

Final Rule Provisions, the last paragraph

in § 34.41, Conducting Industrial

Radiographic Operations, discusses the

addition of a requirement to have

approved procedures before conducting

specific types of radiographic operations

and listed that requirement as

§ 34.41(d). This was an incorrect

citation. The requirement was correctly

added as § 34.41(c) in the regulation so

that no change is needed and this

discussion simply clarifies any

confusion generated by the incorrect

citation.

2. In Supplementary Information,

under Section V, Implementation (62 FR

28962), the third paragraph states that

licensees will have 1 year to comply

with the new training requirements in

§ 34.43 (a) and (b). This citation is

incorrect. Paragraphs (a)(1) and (a)(2)

refer to the requirements for

radiographer certification. The new

training requirements for radiographers

are in § 34.43(b) and the new training

requirements for radiographers’

assistants are in § 34.43(c). Section

34.43(h) correctly identifies the

additional training requirements. The

purpose of this discussion is to alleviate

any confusion that may have resulted

from the incorrect citation.

3. Section 34.27, Leak testing and

replacement of sealed sources, included

a new requirement for the leak testing

of devices containing depleted uranium

(DU) shielding. Two discrepancies have

been noted. First, the condition for

removing the exposure device from use

for an evaluation of S-tube was

incorrectly stated, and second, the

implementation date for this

requirement was not specified. This

subject was addressed in the

Supplementary Information under

Section II, Public Comments, where it

was pointed out that the purpose of the

test was to detect wear in the guide tube

that could cause control cable binding

and inability to retract the source.

Because the comments also pointed out

that annual testing for DU was required

and that testing services were readily

available, the NRC believed that one

year from the effective date of the final

rule would be an acceptable date for

compliance with this requirement. To

remedy the text defining the condition

for removing the exposure device from

use, the third sentence of paragraph (e)

is amended by using text similar to that

in the first sentence of paragraph (d) to

read:

Should this testing reveal the

presence of 185 Bq (0.005 microcuries)

or more of removable DU

contamination, the exposure device

must be removed from use until an

evaluation of the wear of the S-tube has

been made.

In addition, to clarify that the

implementation date for DU testing was

one year from the effective date of the

rule June 27, 1997 and not the

publication date, May 28, 1997,

§ 34.27(e) is amended by adding a new

sentence at the end of this paragraph to

read:

Licensees will have until June 27,

1998, to comply with the DU leak

testing requirements of this paragraph.

4. Section 34.41, Conducting

industrial radiographic operations,

specifies that at least two qualified
37060 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

individuals must be present whenever

radiography is performed outside of a

permanent radiographic installation.

Numerous inquiries were received

concerning the implementation date for

this requirement. The intent of the

Commission was that licensees would

have an implementation period of 1 year

from the effective date of the rule to

meet this requirement. (On May 28,

1997 (62 FR 28948), the NRC published

a final rule with an effective date of June

27, 1997 that revised 10 CFR Part 34,

which applies to industrial radiography

and its related safety requirements.)

This implementation period was

selected to allow time to train new

individuals as specified in § 34.43(h).

To avoid confusion as to what was

intended in the original Federal

Register notice, a new paragraph (d) is

added to § 34.41 to read:

(d) Licensees will have until June 27,

1998, to meet the requirements for

having two qualified individuals

present at locations other than a

permanent radiographic installation as

specified in paragraph (a) of this

section.

5. Under Subpart D—Radiation Safety

Requirements; § 34.42, Radiation Safety

Officer for Industrial Radiography,

paragraph (d) contains an incorrect date.

The Supplementary Information

Subsection V. Implementation; of the

final rule, specifies that all current RSOs

will have two years to implement the

additional RSO training requirements

specified in § 34.42(a) and to comply

with the mandatory certification

requirements in § 34.43(a)(2), 62 FR

28962. All extended times for

implementation were from the effective

date of the rule, June 27, 1997, and not

from the publication date, May 28, 1997.

The paragraph is revised to read:

(d) Licensees will have until June 27,

1999, to meet the requirements of

paragraphs (a) or (b) of this section.

6. Under Subpart D—Radiation Safety

Requirements § 34.43(a)(2) contains an

incorrect date, May 28,1999, two years

from the publication date rather than

the correct date, June 27, 1999, two

years from the effective date. The

paragraph is revised to read:

(2) The licensee may, until June 27,

1999, allow an individual who has not

met the requirements of paragraph (a)(1)

of this section, to act as a radiographer

after the individual has received

training in the subjects outlined in

paragraph (g) of this section and

demonstrated an understanding of these

subjects by successful completion of a

written examination that was previously

submitted to and approved by the

Commission.

7. Under Subpart D—Radiation Safety

Requirements, § 34.43, Training,

paragraph (h) contains an incorrect date.

The Supplementary Information

Subsection V. Implementation; of the

final rule, specifies that licensees will

have 1 year from the effective date of the

rule to comply with the additional

training requirements specified in

§ 34.43 (a) and (b). 62 FR 28962. As

stated in paragraph 2 above, the

additional training requirements as set

forth in § 34.43(b) refer to the training

requirements for radiographers while

the additional training requirements as

set forth in § 34.43(c) refer to the

training requirements for radiographers

assistants. Also, as noted above, the

effective date of the final rule was June

27, 1997, not May 28, 1997. The

paragraph is revised to read:

(h) Licensees will have until June 27,

1998, to comply with the additional

training requirements specified in

paragraphs (b)(1) and (c)(1) of this

section.

8. Under Subpart D—Radiation Safety

Requirements, § 34.43 Training, does

not specify a compliance date for

radiographer certification in

§ 34.43(a)(1). The Supplementary

Information Subsection V,

Implementation; of the final rule,

specifies that licensees will have 2 years

from the effective date of the rule to

affirm that all radiographers have met

the certification requirements of

§ 34.43(a)(1). Records of radiographer

certification maintained in accordance

with § 34.79(a) will provide adequate

evidence of compliance with the need to

affirm radiographers have met the

certification requirements of

§ 34.43(a)(1). A new paragraph (i) is

added to this section to read:

(i) Licensees will have until June 27,

1999, to comply with the certification

requirements specified in paragraph

(a)(1) of this section. Records of

radiographer certification maintained in

accordance with § 34.79(a) provide

appropriate affirmation of certification

requirements specified in paragraph

(a)(1) of this section.

Administrative Procedure Act

Because these amendments make

minor corrective and clarifying changes

to an existing regulation, the NRC has

determined that good cause exists to

dispense with the notice and comment

provisions of the Administrative

Procedure Act (APA) pursuant to 5

U.S.C. 553(b)(B). For the same reason,

the NRC has determined that good cause

exists to waive the 30-day deferred

effective date provisions of the

Administrative Procedure Act (5 U.S.C.

553(d)(3)). See also: 10 CFR 2.807.

Agreement State Compatibility

Although 10 CFR Part 34 is subject to

various degrees of compatibility with

regard to the Agreement States, these

amendments make only minor

corrective or clarifying changes in an

existing regulation and are not expected

to affect the compatibility of the

Agreement State program.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

as a categorical exclusion in 10 CFR

51.22(c)(2). Therefore, neither an

environmental statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule does not contain a new

or amended information collection

requirement subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing requirements were

approved by the Office of Management

and Budget, approval number 3150–

0007.

Public Protection Notification

If an information collection does not

display a currently valid OMB control

number, the NRC may not conduct or

sponsor, and a person is not required to

respond to, the information collection.

Regulatory Analysis

This final rule does not impose any

new requirements or additional costs to

licensees because its purpose is solely

administrative in that it simply corrects

and clarifies the text of an existing

regulation and does not result in any

essential change. This constitutes the

regulatory analysis for this final rule.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this final rule, and therefore,

that a backfit analysis is not required for

this rulemaking since these

amendments do not involve any

provision that would impose backfits as

defined in 10 CFR 50.109(a)(1).

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is ‘‘not a

major rule’’ and has verified this

determination with the Office of

Information and Regulatory Affairs,

Office of Management and Budget.
Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37061

List of Subjects in 10 CFR Part 34

Criminal penalties, Packaging and

containers, Radiation protection,

Radiography, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures.

For reasons set out in the preamble

and under the authority of the Atomic

Energy Act of 1954, as amended, the

Energy Reorganization Act of 1974, as

amended; and U.S.C. 552 and 553, the

NRC is adopting the following

amendments to 10 CFR Part 34.

PART 34—LICENSES FOR

INDUSTRIAL RADIOGRAPHY AND

RADIATION SAFETY REQUIREMENTS

FOR INDUSTRIAL RADIOGRAPHIC

OPERATIONS

1. The authority citation for Part 34

continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat.

935, 948, 953, 954, as amended (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

Section 34.45 also issued under sec.

206, 88 Stat. 1246 (42 U.S.C. 5846).

2. Section 34.27, paragraph (e) is

revised to read as follows:

§ 34.27 Leak testing and replacement of

sealed sources.

* * * * *

(e) Each exposure device using

depleted uranium (DU) shielding and an

‘‘S’’ tube configuration must be tested

for DU contamination at intervals not to

exceed 12 months. The analysis must be

capable of detecting the presence of 185

Bq (0.005 microcuries) of radioactive

material on the test sample and must be

performed by a person specifically

authorized by the Commission or an

Agreement State to perform the analysis.

Should such testing reveal the presence

of 185 Bq (0.005 microcuries) or more of

removable DU contamination, the

exposure device must be removed from

use until an evaluation of the wear on

the S-tube has been made. Should the

evaluation reveal that the S-tube is worn

through, the device may not be used

again. DU shielded devices do not have

to be tested for DU contamination while

in storage and not in use. Before using

or transferring such a device however,

the device must be tested for DU

contamination if the interval of storage

exceeded 12 months. A record of the DU

leak-test must be made in accordance

with § 34.67. Licensees will have until

June 27, 1998, to comply with the DU

leak-testing requirements of this

paragraph.

3. In § 34.41, a new paragraph (d) is

added to read as follows:

§ 34.41 Conducting industrial radiographic

operations.

* * * * *

(d) Licensees will have until June 27,

1998, to meet the requirements for

having two qualified individuals

present at locations other than a

permanent radiographic installation as

specified in paragraph (a) of this

section.

4. In § 34.42, paragraph (d) is revised

to read as follows:

§ 34.42 Radiation Safety Officer for

industrial radiography.

* * * * *

(d) Licensees will have until June 27,

1999, to meet the requirements of

paragraph (a) or (b) of this section.

5. In § 34.43, paragraphs (a)(2) and (h)

are revised, and paragraph (i) is added

to read as follows:

§ 34.43 Training

(a) * * *

(2) The licensee may, until June 27,

1999, allow an individual who has not

met the requirements of paragraph (a)(1)

of this section, to act as a radiographer

after the individual has received

training in the subjects outlined in

paragraph (g) of this section and

demonstrated an understanding of these

subjects by successful completion of a

written examination that was previously

submitted to and approved by the

Commission.

* * * * *

(h) Licensees will have until June 27,

1998, to comply with the additional

training requirements specified in

paragraphs (b)(1) and (c)(1) of this

section.

(i) Licensees will have until June 27,

1999 to comply with the certification

requirements specified in paragraph

(a)(1) of this section. Records of

radiographer certification maintained in

accordance with § 34.79(a) provide

appropriate affirmation of certification

requirements specified in paragraph

(a)(1) of this section.

Dated at Rockville, Maryland, this 24th day

of June, 1998.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 98–18229 Filed 7–8–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–31–AD; Amendment

39–10649; AD 98–14–16]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A300 series airplanes. This action

requires repetitive inspections to detect

cracks in the forward canted frames

between fuselage frames 47a and 48

from stringer (STGR) 41 to STGR 43;

and temporary repair, or replacement of

the forward canted frame with a new

frame, if necessary. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified in this AD are

intended to detect and correct cracking

in the forward canted frames, which

could result in failure of the forward

canted frame, and consequent reduced

structural integrity of the airplane.

DATES: Effective July 24, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 24,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 10, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

31–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Airbus

Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington